The LAWYER and BANKER by sanmelody


									     The LAWYER
     and BANKER
           and BENCH AND BAR REVIEW
             Pnblished by
~e   BENCH and BAH. H.EVIEW CO. (Inc.)

                 CHARLES     E.   GEORGE     Editor.

• ')L.   III.               OCTOBER     I, 1910.                   No.5


     It has not been luck or environment which has spelled
~-..:ccess for the Lawyer and Banker. From its birth it has been
 ~~cadily going ahead, and today it has probably a larger for-
 ~:"'n circulation than some of its Eastern contemporaries
 :"'_\-e locally. It circulates in each state of the Union and
 __ :aska-more, it -goes to ten Continental states-covering
 :~j)m England to the Orient. vVe have built from the German
   _-oenig-"-the man who can. ,Ve have been, and are now
 =-~ecting a foundation that will exist for years to come.
 =-awyers read this Magazine because it is aggressive, high in
~~eals, and moreover, it dares.    It is because of this daring that
:~ :lttracts attention.
     It deals in live issues and not in a dead decayed historical
'_ efficiency, which likely is bolstered up because of hereditary
:lOblesse. It handles legal conditions in a novel-may be in
.2 strange and startling way; those which are calculated to
 'Yin battles against wrong. It contains ideas which are not
 -i the verdegris frappe variety. 'With the patent medicine
:-eform of the earthly reformer we have no sympathy. vVe
~_ave tested our capability, and know what we can accomplish.
   \- e believe there is a vast difference between the conceit 0 1
 ~ le vain member of the bar or bench, and the honest self con-

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on advance.
    Noted Criminal Lawyer of California

        By W. H.     ANDERSON. ESQ.,      of the California Bar.

    Some years ago-not so many either-a prominent member of the
Los Angeles bar, well-known for his excellent judgment and painstaking
thoroughness. was acting as one of a committee whose duty it was to ex-
 amine those who sought admission to practice in the courts of the State.
 Among the many who applied to him for examination was a slim, alert-
looking young law-student, scarcely more than a boy, whose appearance
 and manner and keen intellect aroused the interest of the examiner and
 to whom as a consequence the most searching and comprehensive ques-
 tions were put. He received- his certificate and later was admitted to
 his chosen profession. After he left the office, the lawyer who examin-
 ed him stated to his associates and has said repeatedly since that this
 young student was the best equipped mentally for the practice of the
 law of any who had appeared before him; and prophesied for him a
 brilliant career as a lawyer.
    This prophecy has been fulfilled long since; and the bar of the west
has no man who stands more firmly or rightly in the very forefront of its
 ranks than Earl Rogers, of Los Angeles.
    Although still within the age where most men of his calling feel that
their real careers are only commencing, Mr. Rogers' professional life
has been so brilliant. varied. and comprehensive that in speaking of it. it
is difficult to know where to begin.
    His earlier reputation was won in defending persons accused of crime.
and in this branch of the law he soon found himself without a peer. To
a mind mentaly analytical and profoundly logical, he brought an intui-
tive knowledge of human motives and human actions that was little short
of marvelous. In that most difficult of all the arts. the great art of
cross-examination. where wit clashes with wit, and brain beats against
brain, he quickly became so expert that he could drag the truth from the
darkest caverns of duplicity and unmask and put to shame the most
adroit and skilful perjurer. He is equally felicitous in eliciting all that
is to be gotten from his own witnesses. yet only what is pertinent and
                             EARL ROGERS. ESQ.                              359

 useful. But nowhere is his genius more apparent than in the selection
 and handling of his juries. We use the word "his" advisedly. for from
 the moment of his courteous searching examinat;on of a juryman when
 he enters the jury-box until the verdict. that juryman is almost invariably
 the admiring friend and advocate of this gentlemanly forceful and con-
 vincing attorney.
     The truth of aJi of this appears from the record of Mr. Rogers' achiev-
 ments in this branch of the practice. Aside from innumerable lesser
 triumphs where the verdict of "Not Guilty" gained by him has brought
 comfort and great joy to the hearts of hundreds. he has defended no less
 than fifty-seven persons charged with murder. out of which only two con-
 victions were secured. and those for manslaughter only. Of these two,
 the longest sentence imposed was seven years.
       This is not only a record. It is undoubtedly the record.
       One of his noted cases of which he is most justly proud was that of
   Tom Hayes-lovable Tom Hayes-of Riverside-good friend and
  all-around good fellow. who, through the very qualities that made friends
  for him in all walks of life. fell into financial difficulties and was prose-
  cuted for the alleged misuse of National Bank funds by that most formid-
  able nemesis of law breakers. the Federal Government.
       For months the Federal authorities worked upon this case, preparing
  it in its every detail with that thoroughness which is characteristic of them.
  and aided by certain men connected with the Bank. who apparently had
 urgent private reasons for wishing a conviction. The result of this work
 appeared in the trial when, link by link. an apparently impregnable chain
 of guilt was forged around the defendant.
      Associated with Mr. Rogers for the defense were other leading mem-
 bers of the Los Angles Bar. themselves among the most brilliant and em-
 inent in the State. To him. however. and to his specialized skill was
 entrusted the delicate and seemingly impossible task of breaking down
 the Government's witnesses upon cross-examination. This he did with an·
 adroitness so subtle that the prosecuting authorities did not realize how
 he had found the weak places in their chain until upon the argument.
with irresistible force and logic. link by link was broken. the manacles
were riven. and Tom Hayes walked from the court room a free man.
      Into this case. culminating in a splendid victory. Earl Rogers threw
the full force of his remarkable personality. urged on not alone by his
pride in doing all things well. but also by the deepest promptings of an
abiding friendship for the man whose freedom he secured.
     Another series of cases in which Mr. Rogers achieved marked distinc-
tion were the famous graft prosecutions in San Francisco. There. al-
though Col. Patrick Calhoun President of the United Railways and one
 360                      EARL ROGERS, ESQ.

of the defendants, had surrounded himself and his associates with a for-
midable array of San Francisco's most eminent counsel, it was to Los
Angeles and to Mr. Rogers that he t\1rned for the handling of some of
the most delicate and difficult portions of the long trials. Here again
Mr. Rogers sustained his reputation and justified the wisdom of Col.
Calhoun's selection; and his brilliant work in helping to select the juries
and in cross-examining the most dangerous and wiley of the State's wit~
nesses contributed its full share to the complete undoing of the prosecu~
   Nowhere in the annals of the courts is there a more brilliant example
of successful, crushing, annihilating cross-examination than that to which
he subjected the ex-supervisors who, under promises of immunity for their
admitted crimes, testified against the defendants. This is particularly
true of the several cross~examinations of Ex-Supervisor Gallagher, who
enjoyed the ',bad eminence" of the prosecution's witnesses in chief.
Cool, careful and courageous, undaunted and unswerved by the objec~
lions, the threats, and the fulminations of Mr. Francis]. Heney, Mr.
Rogers, with a rapier thrust here, a body blow there, subtly, adroitly
and when necessary forcefully shattered the carefully constructed cases
of the State to pieces until, without the necessity of putting on a single
witness for the defense, they crumbled about the devoted heads of their
    Case after case involving victory after victory for Mr. Rogers might
 be enumerated, and by no means all of them from the annals of the
 criminal courts; for, not content with accomplishing all that could be ac~
 complished in the way of success and reputation in that particular field,
 Mr. Rogers has with equal ability and success branched out into the
 civil practice. In fact, he prefers that practice with its wider oppor~
 tunities and less heart-wearying strains.
    The noted libel suit brought by Judge B. N. Smith, for many years
one of the most respected and beloved Judges on the Superior bench of
Los Angeles County, against the now defunct Evening News, is still
 fresh in the memory of many of us. There Mr. Rogers and his as~
sociates, after a hard fought battle against some of the best talent in
Los Angeles, secured a complete vindication for Judge Smith of most
vicious charges made against him, and also what at that time was a
record verdict for damages in that class of casesf--$l 7,500.
    In the civil courts as in the criminal, the varied talents and unusual
versatility of Mr. Rogers have brought him success after success. He
is equally as felicitous in presenting the most complicated questions of
law to a judge on the bench as in arguing the facts developed by the
evidence to the court or to the jury. His characteristics are thorough
                           EARL ROGERS, ESQ.                            361

 preparation, a complete knowledge of his own side of the case and a pre-
 paredness for anything that !lis opponent may bring forth. eternal vigil-
 ance and continued alertness throughout the trial, an ability to penetrate
 the inner workings of the minds of others that is almost uncanny. an
 unfailing courtesy where courtesy is due, unflinching courage where
 courage is necessary. earnestness, zealousness. judgment, shrewdness. the
 ability to bring truth out of falsehood, and that quality known as per-
 sonality. so impossible to define. which carries conviction with it and
 sweeps everything before it.
    The esteem and confidence in which Mr. Rogers is held by the busi-
 ness men of the community in which he lives is weI! illustrated by his
most recent employment of importance. He is now engaged. at the ex-
 pense of a Citizens Committee. representing the great industry of iron
manufacturers of Los Angeles. in combating the demands made by the
Labor Unions to unionize that city. These efforts have centered upon
the great labor-employing manufacturers of steel and iron. who represent
many millions of invested capital, and constitute one of the most active
and important industries in our midst. In this employment Mr. Rogers
not only represents these great interests in the civil cases necessary to en-
join interference by the Union with the respective businesses involved.
but he also is engaged in the daily and even nightly prosecution of those
elements among the Union men who resort to violence. picketing and
other illegal interferences with the conduct of the various businesses
against which they are allied. His success up-to-date in these matters
has been uniform; and while neither he nor any right thinking person
opposes the legitimate ends and aims of organized labor. he is proving
himself a most energetic and efficient bulwark between the business in-
terests of his community and those who. under the guise of organized
labor,-let us hope falsely-violate the laws of both God and man.
    Finally. in his private as well as in his professional life. Mr. Rogers
is an accomplished and co~rteous gentleman. a good citizen and one of
whom any community might well be proud.

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